Report of the National Inquiry into the Land Rights of Indigenous Peoples 37 some cases seek to obtain, indigenous peoples’ FPIC is clearly expressed in the UNDRIP, especially in relation to indigenous peoples’ interests in lands, territories and resources eg articles 10, 19 and 32(2). Article 6 of ILO Convention 169 also reflects this principle. Numerous international bodies have been engaged in elaboration of the meaning of free, prior and informed consent, and especially the circumstances in which consent is necessary. These include the Inter-American Court of Human Rights,60 the African Commission on Human and People’s Rights,61 the Expert Mechanism on the Rights of Indigenous Peoples,62 the UN Human Rights Council,63 the Special Rapporteur on the Rights of Indigenous Peoples and the UN Permanent Forum on Indigenous Issues.64 4.8 It is clear that consultation should be undertaken with the objective of obtaining indigenous peoples’ free, prior and informed consent, particularly in cases of large-scale development or investment projects that would have a major impact on indigenous peoples’ territories, or relate to matters of fundamental importance to indigenous peoples. While there may be specific circumstances which require free, prior and informed consent of indigenous communities, these circumstances should not be considered exhaustive or exclusive. The Special Rapporteur on the rights of indigenous peoples has, in numerous statements and commentaries highlighted that there may be situations beyond those enumerated in which the impact of a project is significant and direct enough to require consent before a project may move forward. Moreover, consultation should be undertaken in good faith with the participation of indigenous representatives and the State should provide all relevant information well in advance of the decision-making process.65 4.9 Dam projects, plantations, logging and other forms of exploitation of natural resources often have a particularly negative impact on indigenous peoples’ lands and territories. The importance and need to set guidelines for extractive industries when dealing with indigenous peoples has been highlighted in different international workshops, including those organized by the Permanent Forum on Indigenous Issues (Mandaluyong City 2009), and OHCHR (Geneva 2001 and Moscow 2008). United Nations Declaration on the Rights of Indigenous Peoples 4.10 Indigenous peoples have persisted in demanding that the United Nations formulate a declaration on the rights of indigenous peoples. As a result of this, the Working Group on the Draft Declaration (WGDD) was formed in 1995 under the auspices of the Sub-Commission on Human Rights. Both indigenous peoples and Governments were engaged for eleven years in the WGDD’s work. Indigenous leaders strove for the inclusion of substantive articles in the Draft Declaration on the inherent rights of indigenous peoples to self-determination and to their lands, territories and resources. These remained very contentious throughout the eleven years as States strove to qualify, limit, weaken or erode those rights. Finally, in June 60 See Case of the Saramaka People v. Suriname. 61 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya. 62 Expert Mechanism on the Rights of Indigenous Peoples, Final report on the study on indigenous peoples and the right to participate in decision making (May 2011) UN Doc A/HRC/EMRIP/2011/2. 63 See, for example, UN Human Rights Council, Draft Report of the Working Group on the Universal Periodic Review: New Zealand, UN Doc A/HRC/WG.6/5/L.7 of 11 May 2009. 64 See, e.g., Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, UN Doc A/HRC/12/34 of 15 July 2009; UN Permanent Forum on Indigenous Issues, Report of the International Workshop on Methodologies regarding Free, Prior and Informed Consent and Indigenous Peoples, UN Doc E/C.19/2005/3 of 19 January 2005. 65 See, e.g., Case of the Saramaka People v. Suriname. chapter 4_a4.indd 37 7/5/13 6:46 PM